The order also rejects Holmes’ new trial requests over statements a prosecutor made in his closing argument in the trial of Holmes’ co-defendant Ramesh “Sunny” Balwani in which he said Balwani had “a lot of influence” over Holmes.
#Elizabeth holmes trial full#
8 visit to Holmes’ home, and his ensuing conversation with Holmes’ partner, William Evans, in their driveway, and how it relates to his testimony in the trial that ended with Holmes convicted of three counts of wire fraud.ĭavila said Rosendorff’s “post-trial statements are too vague and general to imply that any specific testimony was actually false or misleading.” He pointed to Rosendorff’s testimony in the evidentiary hearing “that he does not in fact believe that the government had ‘made things seem worse than they were,’ a position that he repeated on three different occasions.” And even if Rosendorff didn’t have a chance to tell his full story on direct examination, “that does not ipso facto mean the government presented false or even misleading testimony.” He answered questions about his mysterious Aug. 17 in which Rosendorff was the lone witness. The order follows a 75-minute evidentiary hearing on Oct. Davila said even if statements from ex-Theranos laboratory director Adam Rosendorff “carried the implications” that Holmes’ lawyers say they do, “they would nonetheless be either immaterial to the issues or cumulative of evidence already presented at trial.” (Photo by Kimberly White/Getty Images)Ī judge has rejected Theranos founder Elizabeth Holmes’ requests for a new trial in her wire fraud case, saying a witness who showed up at her home in August has credibly stood by his trial testimony.Ī 15-page order from U.S. We will find out soon enough how Elizabeth Holmes’ sentence does or does not contribute to this pattern.Former Theranos CEO Elizabeth Holmes leaves federal court with her legal team after a status hearing on Jin San Jose, Calif. We should also consider the paltry ones that are meted out to the wealthy. And fraud is not an inherently victimless crime.Īs we think about ways to address racial and economic disparities in the criminal justice system, we should consider not only the disproportionately long sentences that are imposed on street criminals. A strong sentence in white-collar cases can provide an important data point in that calculation.
If defendants who perpetrate massive fraud can get away with a slap on the wrist, then others will calculate that it is worth the gamble to do the same.
No one commits investor fraud in the heat of passion. Deterrence is especially important in white-collar cases because these are crimes that are carefully planned. This may be true, but the federal sentencing statute provides that the purpose of sentencing also includes deterrence and just punishment. I have heard defense attorneys argue that their clients have already been punished enough through societal shame.Īnother argument often made by defense attorneys in white-collar cases is that incarcerating their clients would be a waste of resources because they pose no threat to public safety. (Unlike in criminal cases involving drugs or guns, for example, Holmes does not face a mandatory minimum sentence.) But will a judge actually give Holmes a 15-year sentence? Holmes’ defense attorneys, like the attorneys of many criminals before her, will certainly try to argue that the sentencing guidelines in white-collar cases are simply “too high.” This argument has worked with judges in the past, and high-priced attorneys know that judges can reduce the sentence considerably in a fraud case, as long as they articulate a good reason. Sentencing is a key inflection point for disparities in the criminal justice system. Based on that number, as well as enhancements and the sophistication of her scheme, Holmes is likely looking at a sentence between 14 and 17 years. Federal sentencing guidelines consider a number of factors, including the amount of money involved in the scheme. The government quantified Holmes’ investor fraud, arguing it amounted to more than $140 million, a figure that will largely influence her eventual sentence.
0 kommentar(er)
